Estonia was under Soviet, the Nazi and then Soviet occupation again through that entire time span.

The minister's proposal aims to break a deadlock over legislation on "Red" monuments that has stalled since a presidential veto in 2023, and would give owners more freedom over the buildings.

Pakosta noted in her proposal sent to the government that there had been no progress since March 2025 on the bill implementing the Building Code currently under consideration by the Riigikogu Economic Affairs Committee.

In an attempt to address the situation, Pakosta has proposed a new approach. "To resolve the prolonged deadlock in the consideration of the bill and create a clear legal basis for removing buildings bearing occupation symbols or inciting hatred from state protection, I sent a proposal to the Riigikogu in July in which I suggested amending Section 10 of the Heritage Conservation Act with an exception under which buildings and structures erected during the period of Estonia's occupation and bearing occupation symbols would not be placed under state protection," Pakosta noted.

The minsiter proposed adding the following paragraph to the bill: "Buildings erected while Estonia was occupied from June 16, 1940 to August 20, 1991 which incite hatred or whose text, symbols, imagery or other form express support for an occupation regime, an act of aggression, genocide, a crime against humanity or a war crime shall not be placed under state protection."

The minister justified her proposal by saying that objects of cultural value should represent the most valuable part of Estonia's cultural heritage.

"Such buildings that were erected while Estonia was occupied and that incite hatred or express support for an occupation regime or the commission of an act of aggression, genocide, a crime against humanity or a war crime do not belong among the most valuable parts of cultural heritage," Pakosta said.

The entry into force of the legislative amendment would give building owners a free hand to decide what to do with the building next.

"After the amendment, the minister responsible for the field, on the basis of the provision of the Heritage Conservation Act under which monument status may be revoked if a monument does not meet the criteria for state protection, and after hearing the opinion of the Heritage Council, may by directive revoke the monument status of a building that does not meet the criteria for state protection. The owner of the building would then be able to decide its future, for example by removing or covering up occupation symbols," the minister clarified.

"I believe the proposed amendment offers the necessary solution to the long-stalled bill and will help ensure clear regulation concerning occupation symbols in public space," Pakosta said.

The dispute over legislation regulating the removal of buildings bearing occupation symbols and so-called Red monuments has been ongoing since 2022. In the fall of that year, the government initiated a bill amending the Building Code, the Act Implementing the Building Code and Planning Act, and the State Assets Act (originally designated 746 SE).

The Riigikogu passed the bill in February 2023, but the following month President Alar Karis declined to promulgate it, citing a lack of legal clarity. Following the president's veto, the bill returned to parliament for reconsideration (under the designation 746 UA), but subsequently became stalled in the Economic Affairs Committee.

Russia's full-scale invasion of Ukraine starting in February 2022 brought the status of Soviet-era monuments, statues, war graves, frescoes, building details and other decorations into the limelight, and many have been removed or covered over. In the case of war graves, care is taken with human remains, for instance in re-interring them at a separate location.

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